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2015 (5) TMI 145 - MADRAS HIGH COURTWilful suppression of the value of taxable services - Simultaneous Penalty u/s 76 & 78 - Held that:- Even when penalty under Section 76 of the Finance Act, 1994 has been imposed, penalty under Section 78 of the Finance Act, 1994 is also imposable. - Tribunal has come to an erroneous conclusion that once penalty is imposed under Section 76 of the Finance Act, 1994, there is no necessity for imposition of penalty under Section 78 of the Finance Act, 1994 - The above view of the Tribunal runs contrary to the law laid down on the subject - Following decision of Dhandayuthapani Canteen - Vs - CESTAT [2015 (1) TMI 812 - MADRAS HIGH COURT] - Decided in favour of revenue.
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